duress

• Duress


  The defendant only commits the crime because they were forced
• Stage 2


  • The threat must be of death or serious injury - threats against property are not enough (Valderamma-Vega)
• Stage 4


  • The threat must be immediate or almost immediate so that the defendant does not have time to go to the police (Hasan)
• Stage 3

  • The threat must be against the defendant, their family, or someone else they're responsible for (Wright)
• Types of duress

  • Duress by threats
  • Duress by circumstance
• Stage 1


  • The defendant must commit a crime nominated by the person making the threat (Cole)
• The Graham Test


  • Did the defendant act because he reasonably believed that if he did not, he or another would suffer death or serious injury? (subjective)
  • Would a sober person of reasonable firmness, but sharing the defendant's characteristics have responded by committing a criminal offense? (objective) (Bowen)
• Characteristics

  • Age
  • Pregnancy
  • Mental / physical
• Stage 5


  • Could the defendant have resisted the threats?
• Self-induced duress results in the defence being lost if the defendant put the pressure on themselves or they could have anticipated the threat (Hasan)